The Effects of Alice on Covered Business Method (CBM) Reviews

Schecter, Manny,Ambwani, Shawn,Shei, Alexander,Jain, Robert | January 1, 2017

The frequency of § 101 challenges in Covered Business Method (CBM) filings has undoubtedly increased after the Supreme Court’s ruling in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, 134 S.Ct. 2347 (2014). It is uncertain, however, whether this shift in petitioners’ preferences will lead to more favorable outcomes from the Patent Trial and Appeal Board (PTAB) post-Alice. This study analyzes CBM outcomes at both the institution and final decision stages by ground to provide an empirical perspective on Alice’s impact that can benefit practitioners, policymakers, patentees, and petitioners alike.